State Senator Sparks Files Fifth 89th Priority Legislative Package on Water Access & Supply

FOR IMMEDIATE RELEASE Contact: Mattie Garland
Wednesday, February 26, 2025 mattie.garland@senate.texas.gov
Ph: 512-463-0131
STATE SENATOR SPARKS FILES FIFTH 89th PRIORITY
LEGISLATIVE PACKAGE ON WATER ACCESS & SUPPLY
[Austin, TX] – Senator Kevin Sparks (R-Midland) announced his fifth legislative priority package, focused on
Texas’ water access and supply. As the state’s water sector faces growing challenges due to increasing demand
and a rapidly evolving landscape, ensuring a stable and sustainable water supply is more important than ever.
Senator Sparks’ legislative package on water access and supply addresses issues such as improving water
cybersecurity, providing clarity and consistency for rural applicants, and enhancing water resource management.
Senator Sparks' 89th Legislative Priorities on ‘Water Access & Supply’ includes the following key pieces of
legislation:
SB 7 (Perry): Securing Texas’ Water Future: Dedicate significant financial resources towards water
infrastructure and distribution.
SB 1034: Water Cybersecurity Measures for Retail Public Utilities: Extends cybersecurity services from the
Department of Information Resources to retail public utilities offering water or sewer services.
SB 1301: Design Build Method: Removes the 100k population threshold, allowing smaller governmental entities
to use this method.
SB 971: Rural Definition Cleanup: Amends the definition of “rural political subdivision” in § 15.001(14) that
inaccurately describes certain municipalities as “rural political subdivisions.”
“My legislative package focuses on proactively protecting water through improving water infrastructure
cybersecurity, providing clarity and consistency for rural applicants across Texas Water Development programs,
and enhancing the overall management of our water resources,” stated Senator Sparks. “I am committed to
strengthening our water infrastructure and guaranteeing consistent access for all residents of the state. By
addressing these essential needs, we can protect Texans from future water shortages and secure long-term access
to dependable water supplies, all while maintaining responsible stewardship of our water resources.”
The following pages detail each bill regarding background, key provisions, and statements of supports.

SB 7 (Perry) – SECURING TEXAS’ WATER FUTURE
Background
Texas communities face increasing water shortages and aging infrastructure as rapid population growth strains
local resources. During the 88th Regular Session, the Legislature passed SJR 75 and SB 28 (Perry – SD 28),
creating the Texas Water Fund. This central fund supports several pre-existing program funds administered by
the Texas Water Development Board, and the New Water Supply for Texas Fund. Senator Charles Perry
introduces legislation that builds on the $1 billion appropriation approved by voters in 2023 by dedicating a
funding stream to help local utilities purchase more water and upgrade infrastructure, with a goal of securing $5
billion this legislative Session and constitutionally dedicating $1 billion annually to the Texas Water Fund through
a Senate Joint Resolution.
The plan aims to address water supply issues through desalination, brackish groundwater access, and water
imports, with long-term goals to meet the state's future needs. With concerns rising over the state's preparedness
for droughts and future growth, Senator Perry’s proposal hopes to ensure that water infrastructure keeps pace with
demand and supports economic development.
Key Provisions
As requested by Governor Abbott in his emergency item for a “Texas-Size Investment in Texas Water,” the will
be on developing new water supplies. This item aims to deliver water from new sources to municipal,
governmental, commercial, industrial, and agricultural users.

SB 1034 – WATER CYBERSECURITY MEASURES FOR RETAIL PUBLIC UTILITIES
Background
The Texas Senate Water, Agriculture, Rural Affairs Committee analyzed the interim charge relating to water
system reliability through the prism of water infrastructure cybersecurity. As heard during the committee hearing,
cyberattacks are increasingly carried out by both foreign nation-states and non-state actors, many of whom are
highly skilled, well-resourced, and well-funded. The cyberattacks on water systems in rural Texas towns such as
Muleshoe demonstrate their disruptive potential to water system operations and, ultimately, the serious threats
potential, future cyberattacks pose to the public safety and well-being of every Texas community. Cyberattacks
are increasingly carried out by both foreign nation-states and non-state actors, many of whom are highly skilled,
well-resourced, and well-funded. Additionally, federal security agencies have raised concerns regarding the
vulnerabilities of critical infrastructure, specifically water utilities, in defending against such sophisticated cyber
threats. While state leadership has implemented protective measures for state-level entities, smaller government
sectors—such as counties, municipalities, and water districts—face greater challenges in addressing evolving
cybersecurity threats.
Key Provisions
SB 1034 prohibits internet connections for supervisory control and data acquisition (SCADA) systems, requires
employee identity authentication for network access, and mandates annual training, security assessments, and
audit submissions. The Texas Commission on Environmental Quality, in coordination with Department of
Information Resources and the Cyber Center for Security and Analytics, will set and review cybersecurity rules.
Utilities must also report security breaches within 48 hours.
Statements of Support
“TPPF applauds Sen. Sparks for his leadership on securing our critical water infrastructure from increasing
cyberattacks. The rise in cybercrimes targeting our critical infrastructure is alarming. As evinced by the data and
increasingly common stories like the infiltration of the Muleshoe, Texas' water system by rogue cyberterrorists,
bold and courageous leadership is needed. SB 1034 provides just that, serving as a commonsense response to the
cry for help from water systems operators—especially those in rural areas of the state.” – David Dunmoyer,
Campaign Director, Texas Public Policy Foundation
“The cyberattacks in Muleshoe, Lockney, Hale Center and elsewhere in Texas have been a wake-up call for state
leadership. Cybersecurity has become a serious concern for retail water providers in our state, and we must
address it. SB 1036 will implement effective, common sense solutions to protect water service in Texas against
the threat of disruption posed by foreign actors and domestic criminals engaged in cyber warfare.” – Charles
Perry, Texas State Senator – Texas Senate District 28
“The Texas Water Infrastructure Network strongly supports efforts that provide essential resources and empower
Texas water utilities to address the growing threat of cybersecurity. As the state considers historic investments in
water funding, it is crucial that we prioritize the protection of our critical water infrastructure.” – Perry Fowler,
Executive Director, Texas Water Infrastructure Network

SB 1301 – DESIGN-BUILD METHOD
Background
Texas' population is projected to increase by over 22 million by 2070, while the state's water supply is expected
to decrease by 18 percent. Currently, Section 2269 of the Texas Government Code restricts water and wastewater
entities serving populations under 100,000 from using the design-build method. Design-build is a construction
method that combines design and construction into a single contract. Removing the 100,000 population threshold
for design-build projects will enhance flexibility and efficiency, offering local governments additional options to
address growing water and wastewater infrastructure needs. SB 1301 will enable rural and mid-sized communities
to benefit from these proven, efficient delivery methods, just as urban areas do. Furthermore, it will foster local
economic growth and competition, improve infrastructure resilience and regulatory compliance, and help
minimize cost overruns.
Key Provisions
SB 1301 removes the population threshold, allowing smaller governmental entities to use this method. It defines what
constitutes a single integrated project, such as linear transit systems with multiple stops and water or wastewater
infrastructure projects with various components. The bill will take effect on September 1, 2025.
Aging, deteriorating water and wastewater infrastructure and unprecedented population growth have Texas at a
crossroads. Municipalities and water authorities may or may not decide that design-build is the right approach for
their projects, but under current statute over 1,500 municipalities and water authorities with less than 100,000
service area population are precluded from accessing design-build. No other state imposes population-based
restrictions on project delivery methods for water and wastewater projects. Since this restriction was enacted over
a decade ago, collaborative delivery methods for water and wastewater projects have advanced significantly, yet
Texas law has not kept pace. – Scott Phillips, Advocacy Committee Chair, Water Collaborative Delivery
Association
Design-build legislation for water in Texas is lagging behind the rest of the country and even lags behind design-
build legislation for other markets in Texas. While communities can use design-build for almost any other project,
water and wastewater infrastructure projects are arbitrarily restricted to large municipalities with service
populations of more than 100,000. Growth in the state is occurring in these small- to mid-sized communities, and
they need the same tools as all other communities to keep up. – Burns & McDonnell

SB 971 – RURAL DEFINITION CLEANUP
Background
During the Sunset Commission's 2022 review of the Texas Water Development Board (TWDB), concerned
parties emphasized the need for a consistent definition of "rural political subdivision" in state law to enhance the
agency's effectiveness. In the 88th Regular Legislative Session, the Legislature addressed this need by passing HB
3582, which established a definition of "rural water" developed in collaboration with the TWDB and stakeholders.
This definition accurately reflected the needs of rural and urban communities. Later in the session, SB 469 was
enacted with similar language but included a scrivener's error that unintentionally expanded the definition to
include urban political subdivisions. Under the Code Construction Act, SB 469 now controls as the most recently
passed legislation, leaving the flawed definition in place. Correcting the discrepancy in the two enacted
subsections is essential to rectify the initial legislative intent of both bills, which was to exclude municipalities
inside urban areas from qualifying as "rural political subdivisions."
Key Provisions
The bill removes Section 15.001(14) of the Water Code, which was added by Chapter 1064 (SB 469) during the
88th Legislature. The correct definition from HB 3582 will remain in statute as the controlling language.
Statements of Support
“Texas Rural Water Association is proud to support SB 971. This legislation will help correct the discrepancy to
provide clarity and consistency for rural applicants across Texas Water Development Programs. We applaud
Senator Sparks’ efforts to restore legislative intent by preserving the agreed-upon definition of “rural water,”
which will ensure clarity and consistency in water policy implementation. We look forward to working with
Senator Sparks and other legislators during this session to provide efficient service and clean, safe drinking water
to the rural water community.” – Mary Alice McKaughan, General Counsel, Texas Rural Water Association
“I am proud to work with Senator Sparks in carrying HB 2302, the House companion to his critical legislation
that will restore the definition of ‘rural water,’ preserve our legislative intent, and ensure consistent water policy
implementation for rural Texans. I appreciate Senator Sparks’ efforts on this vital issue, and I look forward to
working with my colleagues to ensure rural communities have access to efficient service and clean, abundant
drinking water.” – Stan Gerdes, State Representative – District 17